FEATURE ARTICLE
The California Environmental Quality Act’s Wildfire Impact Analysis Requirements by Tina Wallis, Esq., Wallis Law, Santa Rosa, California91
ENVIRONMENTAL NEWS
New Mexico Drought Conditions Persist—Agricultural Community Responds to Calls to Limit the Expansion of Crops in Favor of Conserving Water for Residential Use96
New MOU entered for Columbia River Basin Salmon Recovery Efforts—Proposes to Stay Long Term Litigation Until 202898
LEGISLATIVE DEVELOPMENTS
Colorado General Assembly Drought Task Force Report100
REGULATORY DEVELOPMENTS
EPA Releases Final Rule Regulating Methane for Oil and Gas Sector103
California Public Utilities Commission Extends Diablo Canyon Nuclear Power Plant Operations until 2030105
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions108
LAWSUITS FILED OR PENDING
January 2023 Floods Blamed on Permitting Delays by the California Department of Fish and Wildlife—Lawsuits Filed112
Idaho Positions Itself Against the Recent Salmon Litigation Proposed Settlement113
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Rejects Clean Water Act’s Direct-Discharge Theory as Applied to Holding
Ponds115
Cottonwood Environmental Law Center v. Edwards, ___F.4th___, Case No. 22-36015 (9th Cir. Nov. 21, 2023).
Ninth Circuit Affirms Requirement for Dredge Miner to Obtain a Clean Water Act NPDES
Permit116
Idaho Conservation League v. Shannon Poe, ___F.4th___, Case No. 22-35978 (9th Cir. Nov, 20, 2023).
RECENT STATE DECISIONS
California Supreme Court Denies Westlands Water District Petition—Contract to Secure Permanent Access to Federal Water Resources Remains
Invalidated118
Westlands Water District v. All Persons Interested, 95 Cal.App.5tth 98 (2023), as modified (Sept. 1, 2023), review denied (Nov. 29, 2023).
California Court of Appeal Finds Wildlife Mitigation Corridor Ordinance Does Not Violate Surface Mining Reclamation Act or CEQA120
California Construction and Industrial Materials Association v. County of Ventura, 97 Cal.App.5th 1 (2nd Dist. 2023).